Alternative Dispute Resolution, visualized.
ADR Alternative Dispute Resolution Arbitration, Mediation, Conciliation, Negotiation, Litigation
What is ADR? by Hesham Elrafei , Lex animata
Alternative Dispute Resolution describes various methods that parties can use to resolve disputes outside of court, including negotiation, conciliation, mediation, Dispute Boards, and arbitration.
The common denominator of all ADR methods is that they are faster, less formalistic, less expensive, and often less adversarial than a court trial.
Many ADR methods involve a neutral third party, to help those in conflict reach a settlement, while others give the third party the power to make a binding decision on the issues.
ADR processes are more cooperative and less competitive, than court-based litigation, and do not necessarily require lawyers. They are designed to deescalate between disputing parties, and improve their relationship.
Negotiation is The simplest way to settle a dispute. The parties meet to find a solution through negotiation.
If negotiation fails, the parties can appoint a neutral mediator to assist them in working together towards a negotiated dispute settlement.
Dispute Boards are means of dispute avoidance and resolution on heavy engineering projects, such as tunnels, airports, toll roads, and power plants.
They are effective during infrastructure projects' design, procurement, and construction stages.
While Arbitration is an out-of-court procedure, for resolving disputes, in which the arbitrator hears evidence and makes a binding decision. Arbitration is like a trial in some ways, but proceeds quicker and with less formality.
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